June 06, 2018
Buying Just Enough Unsecured Claims to Defeat Confirmation Is Ok, Ninth Circuit Says
To warrant ‘designation,’ a claim purchaser must have an ‘ulterior motive’ beyond self-interest.
9th CircuitMay 31, 2018
Ninth Circuit Widens Split on Failure to Object and Standing to Appeal
Although there may be standing to appeal, failure to object can bar an appeal under doctrines of waiver or forfeiture.
9th CircuitMay 15, 2018
Specific Personal Jurisdiction Exists over a Foreign Transferee in a Ponzi Scheme
Judge Lafferty lays out the standards for specific personal jurisdiction over a foreign defendant who received stolen property.
9th Circuit, California, California Northern DistrictMay 10, 2018
Debtor’s Chapter 13 Counsel Properly Stiffed for End-of-Case Fees
Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.
9th CircuitMay 09, 2018
A Fraudulent Transfer Complaint Doubles as an Exemption Objection
To suffice as an objection to exemption, a complaint must be filed within 30 days of the creditors’ meeting.
9th CircuitMay 09, 2018
California Judge Lays Out Rules for Jury Trials in Bankruptcy Court
Bankruptcy Judge Barash construes local rules to avoid invalidating a right to a jury trial.
9th Circuit, California, California Central DistrictMay 03, 2018
Discharge Revoked for Failure to Obey an Order Pending Appeal
To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.
9th Circuit, IdahoMay 02, 2018
No “Related To” Jurisdiction for a Chapter 7 Debtor’s Postpetition Malpractice Claims
A chapter 7 debtor’s postpetition legal malpractice claims are not estate property, BAP says.
9th CircuitMay 01, 2018
Contract Wages for Executives Are Not Presumptively Allowable Postpetition, BAP Says
An executive with a rejected contract must prove value to have an allowable administrative claim, 9th Circuit BAP says.
9th CircuitApril 25, 2018
Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit
An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.
9th Circuit